Massachusetts Alcoholic Beverage Licensing Blog

Arlington's Midami Japanse Restaurant, at 444 Massachusetts Ave., has failed an alcohol compliance check and will have its alcohol license reviewed on July 18, officials said.

The Board of Selectmen has scheduled a review of the restaurant for July 18, after police ran a sting on Arlington's 12 alcohol-serving restaurants and three liquor stores. Midami was the only alcohol-serving establishment to have failed the test, according to police.

Captain Robert Bongiorno told local media that the operation happened May 31 and June 1. Arlington Police Department used two underage persons to run the sting.

The Fire Bull Restaurant in Peabody received Licensing Board approval and now only needs approval from state liquor licensing authorities to serve a full bar at 5 Central St. instead of only beer and wine.

Alfred D. Rizzo, the manager at Fire Bull, appeared before the city's Licensing Board Monday night for a hearing on the restaurant's application for one of four new full liquor licenses the city is now authorized for thanks to the results of the 2010 U.S. Census.

The new beer and wine license Peabody received under the census was approved Monday night for China Corner, which is located at 9 Peabody Sq. The Chinese restaurant opened under new ownership in 2010.

The Salem News reports that Ipswich Selectmen have revoked the all-alcohol liquor license held by Richard Poore, the former owner of the Whittier Motel.

Poore and his company, North Shore Resorts, operated the motel -- a landmark at the corner of Routes 1A and 133 -- with a restaurant and bar from 1972 until January, when they sold it to Ipswich resident Roger LeBlanc.

Poore's liquor license is "freestanding," Selectman Bill Craft said, and did not transfer to the Whittier's new owner. This spring, LeBlanc has indicated he will not keep the Whittier's bar and restaurant as he renovates the property.

The liquor license expired in March, but selectmen granted Poore a 45-day extension at their March 7 meeting.

The town sent Poore certified letters in May and June, asking him to appear for a hearing on the license as the extension ended. The letters were returned to Town Hall, unanswered, the Salem News reported.

Poore did not attend the selectmen meeting, and the board revoked the license in a unanimous vote after little discussion.

Continue reading "Ipswich Selectmen Revoke Liquor License" »

Although the recently auctioned Bay Pointe Country Club's (in Wareham) future remains in question, already-booked brides and grooms can still get married there and reception guests can still toast them.

The country club's mortgage holder, which made the highest and only bids at last week's auction, hired a management company to help with operations.

"We will be honoring all events that were booked prior to DCU purchasing the property and will have the staff and management company work with those individuals to ensure that they have a first-class experience at the facility," wrote John LaHair, a spokesman for Digital Federal Credit Union of Marlboro. "That includes providing catering and liquor service."

There are now 25 events scheduled at Bay Pointe, according to LaHair, who said this number includes wedding and receptions.

The Club is seeking to transfer the liquor license. Until then, the only liquor that will be served at Bay Pointe will be at already-booked functions, where the liquor license is held by outside vendors, LaHair wrote. In the meantime, he said DCU is "submitting an application to the Massachusetts Alcoholic Beverages Control Commission for the license."

The Norwell Mariner reports that Bo'-Tes Imports and Market Place will be able to offer all manner of liquor rather than just beer and wine after being approved for a full liquor license by the board of selectmen.

Tom and Mary Campanelli, owners of the specialty market located at 714 Main St. in Norwell, appeared before the board stating that they have waited several years for this opportunity.

The market offers a variety of items not often found in a standard grocery store, including imported olives, pickled vegetables from the Pacific Northwest, sweets from Britain, oils, grilling sauces, private label jams and jellies, and homemade breads.

The SJC this week, in Commonwealth v. Parenteau, considered whether a District Court judge erred by admitting in evidence, pursuant to G.L. c. 90, § 22 (d), a certificate from the registry of motor vehicles (registry) attesting to the fact that a notice of license suspension or revocation was mailed to the defendant, Peter L. Parenteau, on May 2, 2007.

The Commonwealth did not present any testimony from a witness on behalf of the registry.

The SJC concluded that the admission of the certificate violated the defendant's rights of confrontation and cross-examination under the Sixth Amendment to the United States Constitution, and that such admission was not harmless beyond a reasonable doubt. The SJC thus reversed the defendant's conviction of operating a motor vehicle after his license had been revoked for operating while under the influence of intoxicating liquor and remanded the case for further proceedings.

The Gloucester Times reports that the Rockport Board of Selectmen has liberalized the town's alcohol-consumption rules, which will permit ordering drinks with simple appetizers, and buying beverages without food if a reservation has been made with restaurant managers.

Rockport approved alcohol consumption in restaurants in 2006, after more than a century of being one of the few dry communities in Massachusetts.

But the permission to drink came with a caveat: patrons had to order a meal in order to consume alcohol.

The new regulations, which go into effect at once, make it possible to have a drink without putting in a big food order. Also, hours that restaurants can serve have been extended.

"If we want more restaurants to settle here and if we want to expand our economy, we must make Rockport more user friendly," said Peter Beacham, chair of the town's economic development committee and a leader of the drive a half-dozen years ago to make the town "wet."

"We studied this situation, and found that in the years we've had alcohol, we have not had one police-related incident," Beacham said.

Modifications to the existing town regulations are as follows:

Definition of a meal: The new guideline, reportedly based on wording used in Newton, says, "The term meal shall include hors d'oeuvres, appetizers, desserts, sandwiches, soups, salads, entrees and prepared foods but shall exclude chips, nuts, pretzels, popcorn and other snack food..."

Beverages while waiting to be seated: Alcoholic beverages may be served in a designated area for those waiting to be seated for dining if a reservation has been made with restaurant personnel.

Hours of sales and service: Hours of alcohol service will be extended to 11:30 p.m., and removal of beverages can take place at midnight. End of service had been at 10:30 and removal at 11 p.m.

Wine doggy bags: The new regulations, which follow state guidelines, will permit diners to leave with a partially consumed bottle of wine that has been purchased with a meal.

The new guideline states, "The bottle that is removed must be placed in a one-time use, tamper-proof transparent bag with the meal receipt attached to the sealed bag."

Peter Webber, who heads the Rockport division of the Cape Ann Chamber of Commerce, told the Gloucester Times that the new regulations are "a step toward normalizing local rules regarding alcohol consumption."

After a multimonth lull in the project, the developer of the Hilton Garden Inn extended-stay hotel under construction in the Devens Regional Enterprise Zone (DREZ) has new reason to cheer.

The Devens Enterprise Commission granted tentative approval to both a common victualler (food preparation/sales) and a liquor license for the hotel. The approvals were conditioned on the granting of a food-service permit by the Nashoba Associated Boards of Health.

Westford developer Robert Walker's Devens Inn, LLC is the owner of the project located within the DREZ retail district, Devens Common. Walker holds two other liquor licenses within Devens Common, at the Marriott hotel and adjoining Devens Conference Center.

The Hilton Garden Inn is to have 118 guest rooms and a 100-seat, full-service restaurant and lounge area. The restaurant will be open for breakfast, lunch and dinner and be open to both overnight guests of the hotel and the general public.

When operational, liquor may be sold from 11 a.m. to 1 a.m., Sunday through Saturday.

See the attached link for the ABCC information on the farmers' market wine application; this license is governed by local authorities only and does not need ABCC approval.

http://www.mass.gov/abcc/pdf/6-9-11%20Advisory%20for%20Farmer%20Market%20License.pdf

The Westwood Press reports that the Board of Selectmen has imposed a three-day liquor license suspension but with a one-year abeyance on the Blue Orchid, a Chinese restaurant located at 927 High St., for serving alcohol to a minor.

Westwood Police Chief Bill Chase said it was the first offense in six years of having the license.
"We've been doing compliance checks since Westwood first began to license restaurants," Chase said. "They were among the first ones licensed, and they've not had any previous violations."
The compliance checks are done in cooperation with the Alcohol Beverage Control Commission and are treated like police sting missions.
"This particular individual, who is 18 years old, went into the restaurant and ordered an alcoholic beverage and was served without being asked for an ID," Chase said. "When that happens, the person walks out and the investigators from the ABCC come in. They identify the person who sold the alcohol and then a hearing is held at a later date."

Chairman of the Board of Selectmen Pat Ahearn said Blue Orchid manager David Ng's openness and willingness to comply encouraged them to pass the motion for a suspension with an abeyance. That means the restaurant will not have to serve the suspension for one year. If it has no violation within that year, the suspension is dropped.

"The manager there was very forthcoming," Ahearn said. "He accepted responsibility and indicated that he had already taken remedial steps to prevent future violations."
Further training for the staff is already underway, Ng said, emphasizing that the incident was a mistake.
"The violation is the first offense we've ever had," Ng said. "The server just forgot and she made a mistake. There's no excuse, she just forgot. And, we admit to the mistake."
Now, Ng said, every time a server enters an alcoholic beverage into the computer, a screen will pop up reminding servers to check for identification.
"We're emphasizing to the serving staff that checking for identification is taken very seriously here," Ng said.

The owners of Wines & More in Mansfield Crossing have assured the town that the business is strong and it does not need a loan to stay in business. But, as reported by the Sun Chronicle, the liquor retailer might have to prove that after selectmen denied the store permission to put its liquor license up as collateral for $700,000 in financing from Citizens Bank.

Attacked by local competitors as an out-of-state big box chain trying to bend Massachusetts' strict liquor store rules, Wines & More has drawn intense opposition since it came to town a year ago.

Despite approving the requests of two other local businesses to use liquor licenses as collateral since 2000, a divided board of selectmen said Wines & More was different.

"There are too many questions being asked, and too many uncertainties," Chairman Jess Aptowitz said.

Among the questions raised by selectmen about Wines & More included whether it was following rules barring stores from paying franchise fees with alcohol revenue, and whether the loan's origination in Rhode Island would cause jurisdiction issues.

But the biggest uncertainty appeared to be the lingering suspicion, leveled by local liquor store owners, that Wines & More is a front for a Rhode Island chain trying to get a foothold in Massachusetts, which does not allow any business to hold more than three "off-premises" liquor licenses.

In dissent, Selectmen Kevin Moran and Olivier Kozlowski said they also had reservations about the loan and Wines & More, but didn't see any legitimate legal basis to deny the application.

In two hours of sometimes contentious debate, Wines & More lawyer Edward Valanzola pointed out that, even if approved, the loan would not take away any of the town's authority over any other entity trying to use the license.

Wines & More can appeal the decision to the state Alcohol Beverage Control Commission.

One third of Attleboro's liquor stores have been accused of selling alcohol to minors.

According to the city's licensing board, a 19-year-old was able to buy booze at five shops in one night.

It was the first offense for four stores. The licenses for Cozy Mart, Twin Liquors, Attleboro Liquor Mart and Yankee Spirits will be suspended for one day.

It was Moe Wash's second violation, which means it will lose its license for three days.

The Marabu nightclub in Lawrence was ordered this week to surrender its liquor license for 5 days for a second time in just two weeks after officials accused its owner of persistently violating liquor laws, building codes and noise regulations, and thwarting the police and inspectors who show up to enforce them, reported the Eagle Tribune.

"We've done so much to try to help her and it just gets thrown back in our faces, like we're clowns," Licensing Board Chairman Richard Fielding said just before the board's unanimous vote. He referred to Nereyda Trempe, the owner of the popular Union Street club, who listened tearfully in the small hearing room. "We're just fed up," Fielding said.

The Licensing Board ordered Trempe to surrender her liquor license after reviewing a police report describing a May 9 incident when four men allegedly blocked traffic as the bar was closing and then skirmished with police who asked them to move on. At least one of the four is a minor who allegedly had been drinking inside the bar.

Sgt. Michael Simard reported suffering a knee injury as he struggled with one of the men, Rosalito Tejada of North Andover, who was charged with disorderly conduct, resisting arrest and assault and battery on a police officer.

The board's vote to suspend Marabu's liquor license was its second in two weeks. On May 25, the board ordered the bar closed June 3, 4, 5, 10 and 11 after finding Trempe had built a deck outside the club without approval from the Building Department or the Licensing Board and ignored three orders by police to close it.

Trempe appealed the suspension to the state Alcoholic Beverage Control Commission on May 31, one day before it was to take effect, which allows the bar to remain open until the appeal can be heard.

CBS news reports that fake ID's in Massachusetts and elsewhere are becoming more sophisticated, with the advent of better technology, and present a public safety challenge. Re-creating holograms has spawned a lucrative, underground market for false ID's.

The Salem News reports that Danvers Selectmen have revoked the liquor license of the former Tequilas Bar and Grill on Route 1, the first time in 2 1/2 years the board voted to strip a license from a holder whose establishment had closed.

Danversbank now has the Tequilas all-alcoholic-beverages license because it was pledged as collateral on a loan that its former holders failed to pay.

The bank has 14 days to appeal the revocation to the state Alcoholic Beverages Control Commission, Town Clerk Joseph Collins told the Salem News.

It may be Danversbank will let the license revert back to the town without a fight. No one from Danversbank appeared before selectmen at the public hearing.

The license may have sold for $80,000, but then the new owner would have had to pay just as much in outstanding liens against it. Town officials are trying to figure out if the license will revert back free and clear of any liens.

The number of liquor licenses available for Braintree businesses has climbed from 56 to 61 because the most recent federal census showed the town increased its population by nearly 2,000 residents, to 35,744.

Town Solicitor Carolyn Murray has also outlined the mayor's proposal to add six more alcohol licenses for areas of town targeted for revitalization - Weymouth Landing, Braintree Square and South Braintree Square.

Not since 1980 has the town's allotment of alcohol licenses increased; in 1990 and 2000 the number actually shrank because of a diminishing population. The state's adjustment is being applied to every applicable city and town, and for Braintree it means an additional three all-alcohol licenses and two wine and beer licenses.

The town now has a total of 37 all-alcohol licenses for on-premise consumption, up from 35, plus eight all-alcohol for off-premise consumption, eight wine and malt for on-premise and eight wine and malt for off-premise. Those numbers do not include veterans clubs or any special legislation, such as the home rule petition Mayor Joseph Sullivan plans to file with the Town Council.

Interesting piece in the Worcester Telegram about the potential conflict of interest when a police officer maintains an ownership interest in a watering hole. Many police departments have a policy that requires the police chief to approve any outside employment by police officers.